Analysis: Federally Run Exchanges Could Be Taken Over by States if Supreme Court Finds ACA Subsidies Illegal
If the Supreme Court rules that subsidies are illegal in the Affordable Care Act's federal exchange, states could create a state-run exchange while still maintaining many functions of the federal exchange, according a Commonwealth Fund analysis. Researchers found that states currently using the federal exchange could run their own exchange by establishing the legal authority necessary to operate an exchange, submitting exchange plans for federal approval and establishing a governing body to manage the exchange. They noted that such states still could use HealthCare.gov for enrollment functions, meaning they would not have to fund the technical infrastructure behind an exchange.
- "How States Could Avert a Supreme Court Obamacare Disaster" (Millman, "Wonkblog," Washington Post, 11/11).